Common use of Financial Institution Responsibilities; Liability; Limitations on Liability; Indemnity Clause in Contracts

Financial Institution Responsibilities; Liability; Limitations on Liability; Indemnity. (a.) In the performance of the services required by this Agreement, Financial Institution shall be entitled to rely solely on the information, representations, and warranties provided by Company pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. Financial Institution shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence of willful misconduct in performing those services. Financial Institution shall not be responsible for Company’s acts of omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any Entry received from Company) or those of any other person, including without limitation any Financial Institution, Automated Clearing House or transmission or communications facility, any Receiver or Receiving Depository Financial Institution against any loss, liability or expense (including attorney’s fees and expenses) resulting from or arising out of any claim of any person that the Financial Institution is responsible for any act or omission of Company or any other person described in this Section 14(a).

Appears in 1 contract

Samples: City National

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Financial Institution Responsibilities; Liability; Limitations on Liability; Indemnity. (a.a) In the performance of the services required by this Agreement, Financial Institution shall be entitled to rely solely without investigation or inquiry on the information, representations, and warranties provided by Company pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. Financial Institution shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence of willful misconduct in performing those services. Financial Institution shall not be responsible for Company’s acts of or omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any Entry received from Company) or those of any other person, including without limitation any Financial InstitutionFederal Reserve Bank, Automated Clearing House or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (including without limitation the return of an Entry by such Receiver or Receiving Depository Financial Institution), and no such person shall be deemed Financial Institution’s agent. Company agrees to indemnify Financial Institution against any loss, liability or expense (including attorney’s fees and expenses) resulting from or arising out of any claim of any person that the Financial Institution is responsible for any act or omission of Company or any other person described in this Section 14(a19(a).

Appears in 1 contract

Samples: Ach Originator Agreement

Financial Institution Responsibilities; Liability; Limitations on Liability; Indemnity. (a.) A. In the performance of the services required by this Agreement, the Financial Institution shall be entitled to rely solely on the information, representations, and warranties provided by the Company pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. The Financial Institution shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence of or willful misconduct in performing those services. The Financial Institution shall not be responsible for the Company’s 's acts of or omissions (including including, without limitation limitation, the amount, accuracy, timeliness of transmittal or authorization of any Entry received from the Company) or those of any other person, including including, without limitation limitation, any Financial InstitutionFederal Reserve Bank, Automated Clearing House ACH Operator, or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (including, without limitation, the return of an Entry by such Receiver or Receiving Depository Financial Institutions), and no such person shall be deemed the Financial Institution's agent. The Company agrees to indemnify the Financial Institution against any loss, liability or expense (including attorney’s attorneys' fees and expenses) resulting from or arising out of any claim of any person that the Financial Institution is responsible for for, any act or of omission of by the Company or any other person described in this Section 14(a19(a).

Appears in 1 contract

Samples: Agreement

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Financial Institution Responsibilities; Liability; Limitations on Liability; Indemnity. (a.) a. In the performance of the services required by this Agreementagreement, Financial Institution financial institution shall be entitled to rely solely on the information, representations, and warranties provided by Company company pursuant to this Agreementagreement, and shall not be responsible for the accuracy or completeness thereof. Financial Institution institution shall be responsible only for performing the services expressly provided for in this Agreementagreement, and shall be liable only for its negligence of or willful misconduct in performing those services. Financial Institution institution shall not be responsible for Companycompany’s acts of or omissions (including without limitation the amount, accuracy, accuracy timeliness of transmittal or due authorization of any Entry entry received from Companycompany) or those of any other person, including without limitation any Federal Reserve Financial Institution, Automated Clearing House or transmission or communications facility, any Receiver receiver or Receiving Depository Financial Institution (including without limitation the return of an Entry by such receiver or Receiving Depository Financial Institution), and no such person shall be deemed financial institution’s agent. Company agrees to indemnify financial institution against any loss, liability or expense (including attorney’s attorneys’ fees and expenses) resulting from or arising out of any claim of any person that the Financial Institution financial institution is responsible for any act or omission of Company company or any other person described in this Section 14(a14. (a).

Appears in 1 contract

Samples: Ach Originator Agreement

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